ESWARA RICE MILL INDUSTRIES Vs. DY COMMR SHIMOGA

JUDGEMENT

(1.) At the stage of preliminary hearing Sri. M.R. Achar, learned Government Advocate was directed to take notice on behalf of the respondents. Accordingly, he has put in appearance for the respondents.

(2.) In these petitions under Arts.226 and 227 of the Constitution, the petitioners have sought for a declaration that the seizure and consequential proceedings held pursuant thereto are illegal and without jurisdiction, they have also sought for issue of a direction to the respondents to release the seized commodities.

(3.) The different quantities of paddy and rice were seized from the premises of the petitioners. Pursuant to the seizure, the first respondent has also passed orders on 17-3-1984, produced as Annexures A, B and C under S.6A(2) of the Essential Commodities Act (hereinafter referred to as the 'Act'), directing the seized commodities to be taken towards levy by the KFCSC Ltd./FCI, shimoga and the amount thereof be deposited in the P.D. Account of the Deputy Commissioner.